Overview
Pendleton County is located in Kentucky with a population of approximately 14,644. The Pendleton County District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Kentucky probate is governed by Kentucky Revised Statutes (KRS) Chapters 394 and 395. The process begins with filing a Petition for Probate of Will and Appointment of Executor (Form AOC-805) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Small Estate / Dispense with Administration:
Kentucky offers a simplified process for small estates. If the personal estate is valued at $30,000 or less (and there is a surviving spouse or children), or if the assets are only sufficient to pay preferred debts, you may file a Petition to Dispense with Administration (AOC-830). This avoids the full probate process.
Executor Commissions:
Under Kentucky law, executors and administrators are entitled to a commission not to exceed 5% of the value of the personal estate and 5% of the income collected.
This guide provides an informational overview of the Pendleton County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Pendleton County Judicial Center
Probate matters in Pendleton County are handled at the Pendleton County Judicial Center. Filings are processed by the Circuit Court Clerk's office.
Address: 120 Ridgeway Ave, Falmouth, KY 41040
Phone: (859) 654-3347 (Circuit Court Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Judicial Center houses both the Circuit and District Courts. The Circuit Court Clerk serves as the clerk for the Probate Division of the District Court.
Parking and Access
Free parking is available in the parking lot adjacent to the Judicial Center and on surrounding streets. Visitors must pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Petition to Dispense with Administration: If the personal estate is valued at $30,000 or less (for surviving spouse/children) or covers only preferred debts, you may file Form AOC-830 to transfer assets without full administration.
- Survivorship: Assets held as "Joint Tenants with Rights of Survivorship" pass directly to the surviving co-owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate of Will / Appointment of Fiduciary (AOC-805) with the Pendleton County District Court. Include:
- Completed Petition (AOC-805)
- Original will and codicils (if any)
- Copy of the death certificate
- Filing fee (approximately $100-$125)
- List of heirs and next of kin with addresses
E-filing: Attorneys may file electronically via the Kentucky Court of Justice KYeCourts system. Pro se litigants typically file in person or by mail.
Step 3: Provide Notice
If waivers of notice are not obtained from all interested parties:
- Mail notice of the hearing to all heirs and beneficiaries.
- Publication: The Circuit Clerk will arrange for the publication of a Notice to Creditors in the Falmouth Outlook after the fiduciary is appointed.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If the will is self-proved and waivers are signed, the judge may admit the will and appoint the fiduciary without a formal hearing in some cases. Upon approval, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory the estate assets and file an inventory with the court within 60 days.
- Notify creditors (the Clerk handles the newspaper publication).
- Pay valid creditor claims (creditors have 6 months to file claims).
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Final Settlement (AOC-846) or Informal Final Settlement (AOC-850) to close the estate.
Local Requirements
Pendleton County-Specific Procedures
- Fiduciary Bond: A bond is generally required for the fiduciary unless the will explicitly waives it or all beneficiaries waive the requirement and the court approves.
- Self-Proved Wills: If the will is self-proved (notarized with specific language), witnesses do not need to appear in court to testify to its validity.
- Publication: The Clerk of Court automatically handles the publication of the Notice to Creditors in the Falmouth Outlook upon the appointment of the fiduciary. The estate pays the publication fee (approx. $50) as part of the court costs.
- Inventory: Must be filed in duplicate within 60 days of appointment.
Always check with the Circuit Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Pendleton County)
- Petition for Probate/Appointment: approximately $100-$125
- Petition to Dispense with Administration: approximately $45-$55
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $50.00 (collected by the Clerk)
- Recording Fees: $46.00+ for deeds or affidavits of descent
Note: Fees are subject to change. Contact the Circuit Court Clerk for exact amounts.
Payment Methods
The court accepts cash, certified checks, or money orders. Credit cards may be accepted with a processing fee. Personal checks may not be accepted from pro se filers.
Estimated Timelines
- Simple estates (Dispense with Admin): 1-2 months
- Average estates: 6-9 months (includes mandatory 6-month creditor period)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period begins immediately after the appointment of the fiduciary. The estate cannot be fully closed until this period expires.
Local Resources
Pendleton County Court Resources
- Court Website: Pendleton County Court Info
- Probate Self-Help: Kentucky Probate Guide
- State Probate Forms: KY Court of Justice Forms
Legal Aid and Attorney Referrals
- Kentucky Bar Association: (502) 564-3795 — Lawyer Referral Service
- Legal Aid of the Bluegrass: (859) 431-8200 — lablaw.org
Publication
- Falmouth Outlook: (859) 654-3332 — Newspaper of general circulation